Lee v Doncaster & South Humber Healthcare NHS Trust & Anor [2002] EWCA Civ 1422 (2 October 2002)

Habeas corpus is not an appropriate remedy where the applicant is not detained; the appellant was not detained and thus not entitled to relief.

Citation: [2002] EWCA Civ 1422
Parties: Appellant: Peter Lee; First Respondent: Doncaster & South Humber Healthcare NHS Trust; Second Respondent: North West Wales NHS Trust (sued as Gwynedd Hospitals NHS Trust)
Jurisdiction: England and Wales
Judgment Date: 02 October 2002
Procedural Posture: Civil Appeal / Appeal Against Refusal of Habeas Corpus and Refusal of Expedition
Outcome: Appeal dismissed
Legal Topics: Habeas Corpus, Expedition of Appeal, Mental Health Act 1983

Case Brief

Summary, issues, holding and outcome

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Peter Lee

Appellant

Doncaster & South Humber Healthcare NHS Trust

First Respondent

North West Wales NHS Trust (sued as Gwynedd Hospitals NHS Trust)

Second Respondent

Civil Appeal / Appeal Against Refusal of Habeas Corpus and Refusal of Expedition

1 Whether habeas corpus is an appropriate remedy for the appellant's circumstances
2 Whether the appeal against refusal of expedition and habeas corpus should be allowed

Habeas corpus is not an appropriate remedy where the applicant is not detained; the appellant was not detained and thus not entitled to relief.

Appeal dismissed